Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:
Almighty God, our constant Companion, may we constantly and confidently avail ourselves of the guidance of Your Word which never errs. Forbid that we should be cowardly when we should be courageous, confused when we should be calm, fickle when we should be faithful. Make us strong in the Lord and in the power of His might Who will guide us all the days of our lives if we will but follow. Enrich our joy in the realization of Your presence and in our faithful service to God and to mankind. Lord, in Your mercy, hear our prayer. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. JENNINGS moved that when the House adjourns, it adjourn in memory of Thomas E. Quick of Bennettsville, which was agreed to.
On motion of Rep. QUINN, with unanimous consent, the following was taken up for immediate consideration and accepted:
March 17, 1999
The Honorable Richard Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The South Carolina Governor's School for the Arts and Humanities invites you and your fellow members of the South Carolina House of Representatives to a buffet luncheon in Room 221 of the Blatt Building on Wednesday, March 31, upon adjournment and until 2 p.m.
Dr. Virginia Uldrick and other officials of the school will look forward to the opportunity of updating you on the school's plans.
We hope you will be able to have lunch with us before leaving on your Easter break.
Sincerely,
Dave Partridge
VP Institutional Advancement
Document No. 2372
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 48-1-30, 44-1-50
Procedures for Contested Cases
Received by Speaker of the House of Representatives January 20, 1999
Referred to House Committee on Judiciary
Legislative Review Expiration May 20, 1999
19990219 House Judiciary Committee Requested Withdrawal
120 Day Period Tolled
19990324 Withdrawn and Resubmitted
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3293 (Word version) -- Reps. Wilkins, Gilham, Webb, Witherspoon, Lucas, Meacham, Taylor, Mason, Barrett, Harrison, Haskins, Tripp, Rodgers, Walker, Woodrum, Altman, Allison, Riser, Sandifer, McGee, Keegan, Townsend, Littlejohn, Hawkins and Leach: A BILL TO AMEND SECTION 8-13-1300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS OF CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF "COMMITTEE" TO INCLUDE WITHIN THE DEFINITION AN INDIVIDUAL WHO, TO INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE OR A BALLOT MEASURE, MAKES INDEPENDENT EXPENDITURES AGGREGATING FIVE HUNDRED DOLLARS OR MORE DURING AN ELECTION CYCLE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
S. 352 (Word version) -- Senator Moore: A BILL TO RATIFY AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE QUALIFICATIONS OF SENATORS AND MEMBERS OF THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT A CANDIDATE FOR THE SENATE OR HOUSE OF REPRESENTATIVES MUST BE A LEGAL RESIDENT OF THE DISTRICT IN WHICH HE IS A CANDIDATE AT THE TIME HE FILES FOR THE OFFICE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3531 (Word version) -- Reps. Harrison and Wilkins: A BILL TO AMEND SECTION 41-29-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE EMPLOYMENT SECURITY COMMISSION AND THEIR TERMS, SO AS TO PROVIDE THAT EACH OFFICE IS SEPARATE AND NUMBERED, AND TO PROVIDE THAT ELECTIONS MUST BE FOR A SPECIFIC, NUMBERED SEAT ON THE COMMISSION.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3616 (Word version) -- Reps. Fleming, Altman, Barfield, Barrett, Bauer, Beck, H. Brown, Campsen, Cato, Chellis, Cotty, Dantzler, Delleney, Easterday, Gilham, Gourdine, Hamilton, Harrell, Harrison, Haskins, Hawkins, Hinson, Jennings, Keegan, Kelley, Klauber, Lanford, Law, Leach, Limehouse, Littlejohn, Lucas, Maddox, Martin, Mason, McGee, McKay, Meacham, Rice, Riser, Robinson, Rodgers, Sandifer, Simrill, Stille, Taylor, Townsend, Tripp, Trotter, Walker, Webb, Wilder, Wilkins, Woodrum, Young-Brickell, Edge and D. Smith: A BILL TO AMEND SECTION 8-13-1316, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON CAMPAIGN CONTRIBUTIONS RECEIVED FROM POLITICAL PARTIES, SO AS TO PROVIDE THAT A RECIPIENT GIVEN A CONTRIBUTION IN VIOLATION OF THIS SECTION MUST REMIT IT TO THE CHILDREN'S TRUST FUND WITHIN SEVEN DAYS OF ITS RECEIPT.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3398 (Word version) -- Reps. Robinson, Kelley, Simrill, H. Brown, Sandifer, Fleming, Easterday, McKay, Rice, Leach, D. Smith, Hamilton, Klauber, Trotter, Haskins, Harrison, Vaughn and Barrett: A BILL TO AMEND SECTION 15-77-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AWARDING OF ATTORNEY'S FEES IN STATE INITIATED ACTIONS, SO AS TO FURTHER PROVIDE FOR THE AWARDING OF ATTORNEY'S FEES IN SUCH ACTIONS AND IN ADMINISTRATIVE PROCEEDINGS; AND TO AMEND SECTION 15-77-310, RELATING TO PETITIONING FOR ATTORNEY'S FEES, SO AS TO REVISE THE TIME WITHIN WHICH THE PREVAILING PARTY MUST PETITION FOR ATTORNEY'S FEES AND TO PERMIT A PETITION FOR ATTORNEY'S FEES IN ADMINISTRATIVE ACTIONS.
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 656 (Word version) -- Senators McGill, Elliott, Land, Leatherman, Glover, Saleeby, Rankin, Ravenel: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES AND THE HONORABLE WILLIAM J. CLINTON, PRESIDENT OF THE UNITED STATES, TO PROHIBIT FEDERAL RECOUPMENT OF STATE TOBACCO SETTLEMENT RECOVERIES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3784 (Word version) -- Reps. Cooper, Klauber and Trotter: A BILL TO AMEND ARTICLE 9, CHAPTER 41 OF TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDS REQUIRED OF RETAILERS OF TRANSIENT AND TEMPORARY BUSINESSES, BY ADDING SECTION 40-41-720 SO AS TO PROVIDE THAT NO PERSON, EXCEPT AN AUTHORIZED MANUFACTURER'S OR DISTRIBUTOR'S REPRESENTATIVE, MAY SELL, OFFER FOR SALE, OR KNOWINGLY PERMIT THE SALE OF CERTAIN SPECIFIED ITEMS AT A TRANSIENT OR TEMPORARY BUSINESS, PROVIDE EXCEPTIONS, ESTABLISH A MISDEMEANOR OFFENSE AND PENALTIES, AND PROVIDE FOR CENTRALIZED REPORTING AND RECORDKEEPING OF VIOLATIONS OF THIS SECTION AND PUBLIC INSPECTION OF THE SAME.
Referred to Committee on Labor, Commerce and Industry
S. 100 (Word version) --- Senators McConnell, Passailaigue, Ford, Mescher, Ravenel, Branton, Grooms, Elliott, Washington, Reese and Cork: A BILL TO AMEND SECTION 12-43-217, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHEDULE OF APPRAISAL AND EQUALIZATION OF THE VALUE OF REAL PROPERTY AND THE IMPLEMENTATION OF THE REVISED VALUES RESULTING FROM THE EQUALIZATION PROGRAM FOR PURPOSES OF PROPERTY TAX, SO AS TO ALLOW A COUNTY BY ORDINANCE TO POSTPONE IMPLEMENTATION FOR NOT MORE THAN ONE PROPERTY TAX YEAR AND TO PROVIDE THAT THIS POSTPONEMENT DOES NOT ALTER THE SCHEDULE OF APPRAISAL AND EQUALIZATION.
Referred to Committee on Ways and Means
S. 311 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-52-95 SO AS TO PROVIDE THAT THE SCHOOL TO WORK ADVISORY COUNCIL SHALL REPORT TO THE HOUSE EDUCATION AND PUBLIC WORKS COMMITTEE AND THE SENATE EDUCATION COMMITTEE BY JANUARY 1, 2000, AS TO THE PROGRESS MADE IN ESTABLISHING THE SCHOOL-TO-WORK SYSTEM, DIFFICULTIES ENCOUNTERED, AND ANY ACTIONS REQUIRED BY THE GENERAL ASSEMBLY TO ENSURE SUCCESS OF THE SYSTEM; TO PROVIDE THAT NO STATE FUNDS SHALL BE EXPENDED TO SUPPORT THE CONTINUATION OF THE ADVISORY COUNCIL, AND THE ADVISORY COUNCIL SHALL TERMINATE ON DECEMBER 1, 2002; AND TO AMEND SECTION 59-52-90, RELATING TO THE SCHOOL TO WORK ADVISORY COUNCIL AND OTHER RELATED MATTERS, SO AS TO DELETE REFERENCES TO THE ADVISORY COUNCIL EFFECTIVE DECEMBER 1, 2002.
Referred to Committee on Education and Public Works
S. 488 (Word version) --- Senator Moore: A BILL TO AMEND CHAPTER 101, TITLE 59 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLEGES AND INSTITUTIONS OF HIGHER LEARNING, BY ADDING SECTION 59-101-187, SO AS TO PROVIDE THAT A GOVERNING BOARD OF A STATE SUPPORTED COLLEGE, UNIVERSITY, OR TECHNICAL SCHOOL IS AUTHORIZED TO ESTABLISH WRITTEN POLICIES FOR THE EXPENDITURE OF PUBLIC FUNDS FOR EVENTS WHICH RECOGNIZE ACADEMIC AND RESEARCH EXCELLENCE AND NOTEWORTHY ACCOMPLISHMENTS OF MEMBERS, STUDENTS, AND DISTINGUISHED GUESTS OF ITS INSTITUTION.
Referred to Committee on Ways and Means
S. 586 (Word version) -- Finance Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE ADDITIONAL PROJECTS AND CONFORM THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO THE ADDITIONAL AMOUNTS AUTHORIZED BY THIS ACT; TO AMEND SECTION 2-7-105, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO INCREASE THE AMOUNT OF BONDS WHICH MAY BE ISSUED.
Referred to Committee on Ways and Means
S. 620 (Word version)- -- Senators Martin, J. Verne Smith, Bryan, Giese, Leventis, Wilson, Alexander, Waldrep and Courson: A JOINT RESOLUTION TO PROHIBIT THE DEPARTMENT OF PUBLIC SAFETY FROM SELLING, OR OTHERWISE FURNISHING, SOCIAL SECURITY NUMBERS, DIGITIZED PHOTOGRAPHS, AND DIGITIZED SIGNATURES, AND TO PROHIBIT ANY PRIVATE PERSON OR ENTITY FROM USING AN ELECTRONICALLY-STORED VERSION OF THE PHOTOGRAPH, SOCIAL SECURITY NUMBER, OR SIGNATURE OF ANY PERSON FOR ANY PURPOSE, WHEN SUCH ELECTRONICALLY-STORED INFORMATION WAS OBTAINED FROM A DRIVER'S LICENSE RECORD.
On motion of Rep. KLAUBER, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows:
Allison Altman Askins Bailey Bales Barfield Barrett Battle Bauer Beck Breeland Brown H. Brown J. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Dantzler Davenport Delleney Easterday Edge Emory Fleming Gamble Gilham Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hayes Hines J. Hines M. Hinson Howard Inabinett Jennings Keegan Kennedy Kirsh Klauber Knotts Koon Lanford Law Leach Lee Littlejohn Loftis Lourie Lucas Mack Maddox Martin Mason McCraw McGee McKay McLeod W. McMahand Meacham Miller Ott Parks Phillips Pinckney Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith D. Smith J. Smith R. Stille Stuart Taylor Trotter Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Thursday, March 25.
Donald Allen William Bowers Ralph Canty Bill Cotty Fletcher Smith Grady Brown John Hawkins Mark Kelley H.B. "Chip" Limehouse Walter Lloyd E.B. "Mac" McLeod Bessie Moody-Lawrence Joseph Neal Denny Neilson Todd Rutherford John Scott Ronald Townsend Jackson Whipper Timothy Wilkes
DOCTOR OF THE DAY
Announcement was made that Dr. David J. Gatti of Columbia is the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3276 (Word version)
Date: ADD:
03/25/99 SIMRILL
The following Bill and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:
H. 3742 (Word version) -- Rep. Phillips: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON MARCH 9, 1999, BY THE STUDENTS OF THE CHEROKEE COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
H. 3469 (Word version) -- Rep. Witherspoon: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-100 SO AS TO PROHIBIT HUNTING, FISHING, AND TRAPPING ON LANDS OR PRIVATE WATERS WITHOUT PERMISSION FROM THE OWNER OR HIS AGENT, TO PROVIDE PENALTIES FOR A VIOLATION OF THIS SECTION, AND FOR SUSPENSION OF HUNTING AND FISHING PRIVILEGES.
H. 3709 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO ELEVATOR SAFETY, DEFINITION OF "SERIOUS INJURY", DESIGNATED AS REGULATION DOCUMENT NUMBER 2411, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3749 (Word version) -- Reps. Loftis and Leach: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF FEBRUARY 1, 1999, MISSED BY STUDENTS OF THE SANS SOUCI ELEMENTARY SCHOOL IN GREENVILLE COUNTY FOR SCHOOL YEAR 1998-99 WHEN THEIR SCHOOL WAS CLOSED DUE TO LOSS OF HEAT IN THE BUILDINGS, IS EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Rep. CLYBURN moved to adjourn debate upon the following Bill until Tuesday, April 6, which was adopted:
H. 3777 (Word version) -- Reps. R. Smith, Clyburn and Mason: A BILL TO PROVIDE FOR THE AUTHORIZED TAX MILLAGE FOR THE OPERATION OF THE SCHOOL DISTRICT OF AIKEN COUNTY BEGINNING WITH THE YEAR 1999, AND TO REPEAL ACT 268 OF 1989 AND ACT 579 OF 1994 RELATING TO AUTHORIZED TAX MILLAGE FOR THE SCHOOL DISTRICT OF AIKEN COUNTY.
The following Bill was taken up:
H. 3276 (Word version) -- Reps. Wilkins, Cato, Bailey, Barrett, Battle, G. Brown, H. Brown, Carnell, Cobb-Hunter, Easterday, Gamble, Harrell, Harrison, Jennings, Keegan, Kelley, Kirsh, Klauber, Mason, McGee, McKay, Quinn, Sandifer, Sharpe, D. Smith, R. Smith, Tripp, Young-Brickell, Leach, Whatley, Meacham, Law, Seithel, Woodrum, Trotter, Fleming, Chellis, Walker, Loftis, Altman, Riser, Stille, Rodgers, Rice, Bauer, Beck, Edge, Dantzler, Maddox, Cooper, Lanford, Martin, Hamilton, Campsen, Phillips, Lee, Harris, J. Smith, Gilham, Robinson and Simrill: A BILL TO AMEND CHAPTER 9 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES, BY ADDING ARTICLE 20 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AMOUNTS MAY BE CHARGED BY MUNICIPALITIES TO TELECOMMUNICATIONS COMPANIES FOR THE USE OF THE PUBLIC RIGHTS-OF-WAY AND FOR BUSINESS LICENSE TAXES IN ORDER TO ENSURE THAT SUCH CHARGES ARE IMPOSED ON A COMPETITIVELY NEUTRAL AND NONDISCRIMINATORY BASIS, TO LIMIT OR RESTRICT THE IMPOSITION OF CERTAIN OTHER FEES AND TAXES ON TELECOMMUNICATIONS COMPANIES BY MUNICIPALITIES; AND TO PROVIDE FOR RELATED PROCEDURAL AND OTHER MATTERS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name GJK\20374AFC99):
Amend the bill, as and if amended, by inserting after the title and before the enacting words:
/WHEREAS, Congress enacted the Telecommunications Act of 1996 to open local telephone markets to competition, and the telecommunications industry is in a state of transition; and
WHEREAS, in addition to new competitors in traditional local exchange telecommunications markets, a number of new technologies have developed and are developing at a rapid pace, expanding the array of telecommunications providers and services available to consumers; and
WHEREAS, since the passage of the Telecommunications Act of 1996, competition in telecommunications services and the number of competitors in the telecommunications industry in South Carolina has grown and continues to grow, as evidenced by the hundreds of new entrants into the industry. In South Carolina, over four hundred companies have been authorized to provide long distance service and over seventy companies have been authorized to provide local telephone service. South Carolina now has over one thousand authorized pay phone service providers and numerous digital and analog wireless and paging providers. Telephony may also now be provided over Internet protocol and cable modems; and
WHEREAS, the citizens of municipalities in South Carolina have long enjoyed the public benefit of dependable local exchange and long distance telecommunications service provided to them by telecommunications carriers that have constructed, operated, and maintained telecommunications facilities to serve those citizens, and that currently occupy the municipal rights-of-way in the State; and
WHEREAS, Congress has stated that nothing in Section 253 of the Telecommunications Act of 1996 affects the authority of the state or local government to manage the public rights-of-way or to require fair and reasonable compensation from telecommunications providers, on a competitively neutral and nondiscriminatory basis, for use of public rights-of-way on a nondiscriminatory basis, if the compensation required is disclosed by such government. The General Assembly finds that shifting of current taxation and fees from a franchise fee basis to the basis outlined in the attached article is necessary and appropriate due to the transition of the telecommunications industry and is fair and reasonable, and taxes and fees exceeding such amount, except upon extraordinary circumstances, would be unreasonable. Now, therefore, /
Amend the bill further, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 9 of Title 58 of the 1976 Code is amended by adding:
Section 58-9-2200. As used in this article:
(1) 'Telecommunications service' means the provision, transmission, conveyance, or routing for a consideration of voice, data, video, or any other information or signals of the purchaser's choosing to a point, or between or among points, specified by the purchaser, by or through any electronic, radio, or similar medium or method now in existence or hereafter devised. The term 'telecommunications service' includes, but is not limited to, local telephone services, toll telephone services, telegraph services, teletypewriter services, teleconferencing services, private line services, channel services, Internet protocol telephony, and mobile telecommunications services and to the extent not already provided herein, those services described in Standard Industrial Classification (SIC) 481 and North American Industry Classification System (NAICS) 5133, except satellite services exempted by law.
(2) 'Retail telecommunications service' includes telecommunications services as defined in item (1) of this section but shall not include:
(a) telecommunications services which are used as a component part of a telecommunications service, are integrated into a telecommunications service, or are otherwise resold by another provider to the ultimate retail purchaser who originates or terminates the end-to-end communication including, but not limited to, the following:
(i) carrier access charges;
(ii) right of access charges;
(iii) interconnection charges paid by the providers of mobile telecommunications services or other telecommunications services;
(iv) charges paid by cable service providers for the transmission by another telecommunications provider of video or other programming;
(v) charges for the sale of unbundled network elements; and
(vi) charges for the use of intercompany facilities;
(b) information and data services including the storage of data or information for subsequent retrieval, the retrieval of data or information, or the processing, or reception and processing, of data or information intended to change its form or content;
(c) cable services that are subject to franchise fees defined and regulated under 47 U.S.C. Section 542;
(d) satellite television broadcast services.
(3) 'Telecommunications company' means a provider of one or more telecommunications services.
(4) 'Cable service' includes, but is not limited to, the provision of video programming or other programming service to purchasers, and the purchaser interaction, if any, required for the selection or use of the video programming or other programming service, regardless of whether the programming is transmitted over facilities owned or operated by the cable service provider or over facilities owned or operated by one or more other telecommunications service providers.
(5) 'Mobile telecommunications service' includes, but is not limited to, any one-way or two-way radio communication service carried on between mobile stations or receivers and land stations and by mobile stations communicating among themselves, through cellular telecommunications services, personal communications services, paging services, specialized mobile radio services, and any other form of mobile one-way or two-way communications service.
(6) 'Service address' means the location of the telecommunications equipment from which telecommunications services are originated or at which telecommunications services are received by a retail customer. If this is not a defined location, as in the case of mobile phones, paging systems, maritime systems, and the like, 'service address' means the location of the retail customer's primary use of the telecommunications equipment or the billing address as provided by the customer to the service provider, provided that the billing address is within the licensed service area of the service provider.
(7) 'Bad debt' means any portion of a debt that is related to a sale of telecommunications services and which has become worthless or uncollectable, as determined under applicable federal income tax standards.
Section 58-9-2210. Nothing in this article shall limit a municipality's authority to enter into and charge for franchise agreements with respect to cable services as governed by 47 U.S.C. Section 542.
Section 58-9-2220. Notwithstanding any provision of law to the contrary:
(1) A business license tax levied by a municipality upon retail telecommunications services for the years 1999 through the year 2003 shall not exceed two-tenths of one percent of the gross income derived from the sale of retail telecommunications services for the preceding calendar or fiscal year which either originate or terminate in the municipality and which are charged to a service address within the municipality regardless of where these amounts are billed or paid and on which a business license tax has not been paid to another municipality. For a business license tax levied for the year 2004 and every year thereafter, the tax shall not exceed five-tenths of one percent of gross income derived from the sale of retail telecommunications services for the preceding calendar or fiscal year which either originate or terminate in the municipality and which are charged to a service address within the municipality regardless of where these amounts are billed or paid and on which a business license tax has not been paid to another municipality. For a business in operation for less than one year, the amount of business license tax authorized by this section must be computed based on a twelve-month projected income.
(2) A business license tax levied by a municipality upon the retail telecommunications services provided by a telecommunications company must be levied in a competitively neutral and nondiscriminatory manner upon all providers of retail telecommunications services.
(3) The measurement of the amounts derived from the retail sale of telecommunications services does not include:
(a) an excise tax, sales tax, or similar tax, fee, or assessment levied by the United States or any state or local government including, but not limited to, emergency telephone surcharges, upon the purchase, sale, use, or consumption of a telecommunications service, which is permitted or required to be added to the purchase price of the service; and
(b) bad debts.
(4) A business license tax levied by a municipality upon a telecommunications company must be reported and remitted on an annual basis. The municipality may inspect the records of the telecommunications company as they relate to payments under this article.
(5) The measurement of the amounts derived from the retail sale of mobile telecommunications services shall include only revenues from the fixed monthly recurring charge of customers whose service address is within the boundaries of the municipality.
Section 58-9-2230. (A) A municipality may impose a fair and reasonable franchise or consent fee on a telecommunications company for use of the public streets and public property to provide telecommunications service unless the telecommunications company has an existing contractual, constitutional, statutory, or other right to construct or operate in the public streets and public property including, but not limited to, consent previously granted by a municipality. Any such fair and reasonable franchise or consent fee which may be imposed upon a telecommunications company shall not exceed the annual sum as set forth in the following schedule based on population:
Tier I 1 1,000 $ 100.00
Tier II 1,001 3,000 $ 200.00
Tier III 3,001 5,000 $ 300.00
Tier IV 5,001 10,000 $ 500.00
Tier V 10,001 25,000 $ 750.00
Tier VI Over 25,000 $1,000.00
(B) A municipality may impose an administrative fee upon a telecommunications company which is not subject to subsection (A) in this section that constructs or installs or has previously constructed or installed facilities in the public streets and public property to provide telecommunications service. Any such fee which may be imposed on a telecommunications company shall not exceed the annual sum as set forth in the following schedule based on population:
Tier I 1 1,000 $ 100.00
Tier II 1,001 3,000 $ 200.00
Tier III 3,001 5,000 $ 300.00
Tier IV 5,001 10,000 $ 500.00
Tier V 10,001 25,000 $ 750.00
Tier VI Over 25,000 $1,000.00
(C) No municipality shall levy any tax, license, fee, or other assessment on, with respect to, or measured by the receipts from any telecommunications service, other than (a) the business license tax authorized by this article, and (b) franchise fees as defined and regulated under 47 U.S.C. Section 542; provided, however, that nothing herein shall restrict the right of any municipality to impose ad valorem taxes, service fees, sales taxes, or other taxes and fees lawfully imposed on other businesses within the municipalities.
(D) A telecommunications company, including a mobile telecommunications company providing mobile telecommunications services, shall not be deemed to be using public streets or public property unless it has constructed or installed physical facilities in public streets or on public property, provided that the use of public streets or public property under lease, site license, or other similar contractual arrangement between a municipality and a telecommunications company shall not constitute the use of public streets or public property under this article. Without limiting the generality of the foregoing, a telecommunications company shall not be deemed to be using public streets or public property under this article solely because of its use of airwaves within a municipality. Should any telecommunications company, including a telecommunications company providing mobile telecommunications services, request of a municipality permission to construct or install physical facilities in public streets or on public property, such request shall be considered by such municipality in a manner that is competitively neutral and nondiscriminatory as amongst all telecommunications companies.
Section 58-9-2240. A municipality may not use its authority over the public streets and public property as a basis for asserting or exercising regulatory control over telecommunications companies regarding matters within the jurisdiction of the Public Service Commission or the Federal Communications Commission including, but not limited to, the operations, systems, service quality, service territory, and prices of a telecommunications company. Nothing in this section shall be construed to limit the authority of a local governmental entity over a cable television company providing cable service as permitted by 47 U.S.C. Section 542.
Section 58-9-2250. A telecommunications company, its successors or assigns, that is occupying the public streets and public property of a municipality on the effective date of this article with the consent of the municipality to use such public streets and public property shall not be required to obtain additional consent to continue the occupation of those public streets and public property.
Section 58-9-2260. A telecommunications company may include the following statement in any municipal customer's bill when that customer's municipality charges a business license tax to the telecommunications company under this chapter: 'Please note that there may be a line-item charge included in this bill that is for a business license tax assessed by your municipality'."
SECTION 2. If a section, paragraph, provision, or portion of this article is held to be unconstitutional or invalid by a court of competent jurisdiction, this holding shall not affect the constitutionality or validity of the remaining portions of this article, and the General Assembly for this purpose hereby declares that the provisions of this article are severable from each other.
SECTION 3. No municipality may enforce an ordinance or practice which is inconsistent or in conflict with the provisions of this article; provided, however, that as of the time of the effective date of this article, any municipality which had entered into a franchise agreement or other contractual agreement with a telecommunications provider prior to December 31, 1997, may continue to collect fees under such franchise agreement or other contractual agreement through December 31, 2003, regardless of whether such franchise agreement or contractual agreement expires prior to December 31, 2003. Nothing in this article shall be interpreted to interfere with continuing obligations of any franchise or other contractual agreement in the event that such franchise agreement or other contractual agreement should expire after December 31, 2003. In the event that a municipality collects such fees under a franchise agreement or other contractual agreement herein, then such fees shall be in lieu of fees or taxes that might otherwise be authorized by this article. Provided, further, that any municipality that, as of the effective date of this article, has in effect a business license tax ordinance, adopted prior to December 31, 1997, under which the municipality has been imposing and a telecommunications company has been paying, a business license tax higher than that permitted under this article, may continue to collect such tax under the ordinance through December 31, 2003, instead of the business license tax permitted under this article.
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. CATO explained the amendment.
Rep. CATO spoke in favor of the amendment.
The SPEAKER granted Rep. RHOAD a leave of absence for the remainder of the day.
Rep. CATO continued speaking.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1.
Rep. BAILEY moved that the House recur to the morning hour, which was agreed to.
On motion of Rep. R. SMITH, with unanimous consent, the following was taken up for immediate consideration:
H. 3785 (Word version) -- Reps. R. Smith, Beck, Clyburn, Mason and Sharpe: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE SILVER SPIRIT MARCHING BAND OF SILVER BLUFF HIGH SCHOOL, THEIR BAND DIRECTOR, STAFF, AND SCHOOL OFFICIALS ON APRIL 28, 1999, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE 1999 CLASS AA STATE MARCHING BAND CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives be extended to the Silver Spirit Marching Band of Silver Bluff High School, their band director, staff, and school officials on April 28, 1999, at a time to be determined by the Speaker for the purpose of being recognized for winning the 1999 Class AA State Marching Band Championship.
The Resolution was adopted.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 3786 (Word version) -- Rep. Fleming: A BILL TO AMEND SECTION 7-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME FOR CONDUCTING A PARTY PRIMARY AND THE CERTIFICATION OF CANDIDATES PLACED ON PRIMARY BALLOTS, SO AS TO REQUIRE CANDIDATES TO BE CERTIFIED IN WRITING, ADD SATURDAY TO SUNDAY AS A DEADLINE FOR CERTIFICATION WHICH WOULD BE MOVED TO THE FOLLOWING MONDAY IF IT FELL ON THOSE DAYS, REQUIRE THE WRITTEN CERTIFICATION TO VERIFY THE QUALIFICATIONS OF A CANDIDATE, REQUIRE THE STATE ELECTION COMMISSION TO PROVIDE EACH PARTY WITH AN AFFIDAVIT WHICH MUST BE USED TO CERTIFY A CANDIDATE, AND PROVIDE A PENALTY FOR FAILURE TO FILE OR FOR KNOWINGLY FALSIFYING AN AFFIDAVIT.
Referred to Committee on Judiciary
The following was introduced:
H. 3787 (Word version) -- Rep. Sandifer: A CONCURRENT RESOLUTION TO CONGRATULATE THE SENECA HIGH SCHOOL "LADY CATS" VARSITY BASKETBALL TEAM OF OCONEE COUNTY ON WINNING THE 1999 CLASS AAA STATE BASKETBALL CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1:
H. 3276 (Word version) -- Reps. Wilkins, Cato, Bailey, Barrett, Battle, G. Brown, H. Brown, Carnell, Cobb-Hunter, Easterday, Gamble, Harrell, Harrison, Jennings, Keegan, Kelley, Kirsh, Klauber, Mason, McGee, McKay, Quinn, Sandifer, Sharpe, D. Smith, R. Smith, Tripp, Young-Brickell, Leach, Whatley, Meacham, Law, Seithel, Woodrum, Trotter, Fleming, Chellis, Walker, Loftis, Altman, Riser, Stille, Rodgers, Rice, Bauer, Beck, Edge, Dantzler, Maddox, Cooper, Lanford, Martin, Hamilton, Campsen, Phillips, Lee, Harris, J. Smith, Gilham, Robinson and Simrill: A BILL TO AMEND CHAPTER 9 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES, BY ADDING ARTICLE 20 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AMOUNTS MAY BE CHARGED BY MUNICIPALITIES TO TELECOMMUNICATIONS COMPANIES FOR THE USE OF THE PUBLIC RIGHTS-OF-WAY AND FOR BUSINESS LICENSE TAXES IN ORDER TO ENSURE THAT SUCH CHARGES ARE IMPOSED ON A COMPETITIVELY NEUTRAL AND NONDISCRIMINATORY BASIS, TO LIMIT OR RESTRICT THE IMPOSITION OF CERTAIN OTHER FEES AND TAXES ON TELECOMMUNICATIONS COMPANIES BY MUNICIPALITIES; AND TO PROVIDE FOR RELATED PROCEDURAL AND OTHER MATTERS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name GJK\20374AFC99), which was adopted.
Amend the bill, as and if amended, by inserting after the title and before the enacting words:
/WHEREAS, Congress enacted the Telecommunications Act of 1996 to open local telephone markets to competition, and the telecommunications industry is in a state of transition; and
WHEREAS, in addition to new competitors in traditional local exchange telecommunications markets, a number of new technologies have developed and are developing at a rapid pace, expanding the array of telecommunications providers and services available to consumers; and
WHEREAS, since the passage of the Telecommunications Act of 1996, competition in telecommunications services and the number of competitors in the telecommunications industry in South Carolina has grown and continues to grow, as evidenced by the hundreds of new entrants into the industry. In South Carolina, over four hundred companies have been authorized to provide long distance service and over seventy companies have been authorized to provide local telephone service. South Carolina now has over one thousand authorized pay phone service providers and numerous digital and analog wireless and paging providers. Telephony may also now be provided over Internet protocol and cable modems; and
WHEREAS, the citizens of municipalities in South Carolina have long enjoyed the public benefit of dependable local exchange and long distance telecommunications service provided to them by telecommunications carriers that have constructed, operated, and maintained telecommunications facilities to serve those citizens, and that currently occupy the municipal rights-of-way in the State; and
WHEREAS, Congress has stated that nothing in Section 253 of the Telecommunications Act of 1996 affects the authority of the state or local government to manage the public rights-of-way or to require fair and reasonable compensation from telecommunications providers, on a competitively neutral and nondiscriminatory basis, for use of public rights-of-way on a nondiscriminatory basis, if the compensation required is disclosed by such government. The General Assembly finds that shifting of current taxation and fees from a franchise fee basis to the basis outlined in the attached article is necessary and appropriate due to the transition of the telecommunications industry and is fair and reasonable, and taxes and fees exceeding such amount, except upon extraordinary circumstances, would be unreasonable. Now, therefore, /
Amend the bill further, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 9 of Title 58 of the 1976 Code is amended by adding:
Section 58-9-2200. As used in this article:
(1) 'Telecommunications service' means the provision, transmission, conveyance, or routing for a consideration of voice, data, video, or any other information or signals of the purchaser's choosing to a point, or between or among points, specified by the purchaser, by or through any electronic, radio, or similar medium or method now in existence or hereafter devised. The term 'telecommunications service' includes, but is not limited to, local telephone services, toll telephone services, telegraph services, teletypewriter services, teleconferencing services, private line services, channel services, Internet protocol telephony, and mobile telecommunications services and to the extent not already provided herein, those services described in Standard Industrial Classification (SIC) 481 and North American Industry Classification System (NAICS) 5133, except satellite services exempted by law.
(2) 'Retail telecommunications service' includes telecommunications services as defined in item (1) of this section but shall not include:
(a) telecommunications services which are used as a component part of a telecommunications service, are integrated into a telecommunications service, or are otherwise resold by another provider to the ultimate retail purchaser who originates or terminates the end-to-end communication including, but not limited to, the following:
(i) carrier access charges;
(ii) right of access charges;
(iii) interconnection charges paid by the providers of mobile telecommunications services or other telecommunications services;
(iv) charges paid by cable service providers for the transmission by another telecommunications provider of video or other programming;
(v) charges for the sale of unbundled network elements; and
(vi) charges for the use of intercompany facilities;
(b) information and data services including the storage of data or information for subsequent retrieval, the retrieval of data or information, or the processing, or reception and processing, of data or information intended to change its form or content;
(c) cable services that are subject to franchise fees defined and regulated under 47 U.S.C. Section 542;
(d) satellite television broadcast services.
(3) 'Telecommunications company' means a provider of one or more telecommunications services.
(4) 'Cable service' includes, but is not limited to, the provision of video programming or other programming service to purchasers, and the purchaser interaction, if any, required for the selection or use of the video programming or other programming service, regardless of whether the programming is transmitted over facilities owned or operated by the cable service provider or over facilities owned or operated by one or more other telecommunications service providers.
(5) 'Mobile telecommunications service' includes, but is not limited to, any one-way or two-way radio communication service carried on between mobile stations or receivers and land stations and by mobile stations communicating among themselves, through cellular telecommunications services, personal communications services, paging services, specialized mobile radio services, and any other form of mobile one-way or two-way communications service.
(6) 'Service address' means the location of the telecommunications equipment from which telecommunications services are originated or at which telecommunications services are received by a retail customer. If this is not a defined location, as in the case of mobile phones, paging systems, maritime systems, and the like, 'service address' means the location of the retail customer's primary use of the telecommunications equipment or the billing address as provided by the customer to the service provider, provided that the billing address is within the licensed service area of the service provider.
(7) 'Bad debt' means any portion of a debt that is related to a sale of telecommunications services and which has become worthless or uncollectable, as determined under applicable federal income tax standards.
Section 58-9-2210. Nothing in this article shall limit a municipality's authority to enter into and charge for franchise agreements with respect to cable services as governed by 47 U.S.C. Section 542.
Section 58-9-2220. Notwithstanding any provision of law to the contrary:
(1) A business license tax levied by a municipality upon retail telecommunications services for the years 1999 through the year 2003 shall not exceed two-tenths of one percent of the gross income derived from the sale of retail telecommunications services for the preceding calendar or fiscal year which either originate or terminate in the municipality and which are charged to a service address within the municipality regardless of where these amounts are billed or paid and on which a business license tax has not been paid to another municipality. For a business license tax levied for the year 2004 and every year thereafter, the tax shall not exceed five-tenths of one percent of gross income derived from the sale of retail telecommunications services for the preceding calendar or fiscal year which either originate or terminate in the municipality and which are charged to a service address within the municipality regardless of where these amounts are billed or paid and on which a business license tax has not been paid to another municipality. For a business in operation for less than one year, the amount of business license tax authorized by this section must be computed based on a twelve-month projected income.
(2) A business license tax levied by a municipality upon the retail telecommunications services provided by a telecommunications company must be levied in a competitively neutral and nondiscriminatory manner upon all providers of retail telecommunications services.
(3) The measurement of the amounts derived from the retail sale of telecommunications services does not include:
(a) an excise tax, sales tax, or similar tax, fee, or assessment levied by the United States or any state or local government including, but not limited to, emergency telephone surcharges, upon the purchase, sale, use, or consumption of a telecommunications service, which is permitted or required to be added to the purchase price of the service; and
(b) bad debts.
(4) A business license tax levied by a municipality upon a telecommunications company must be reported and remitted on an annual basis. The municipality may inspect the records of the telecommunications company as they relate to payments under this article.
(5) The measurement of the amounts derived from the retail sale of mobile telecommunications services shall include only revenues from the fixed monthly recurring charge of customers whose service address is within the boundaries of the municipality.
Section 58-9-2230. (A) A municipality may impose a fair and reasonable franchise or consent fee on a telecommunications company for use of the public streets and public property to provide telecommunications service unless the telecommunications company has an existing contractual, constitutional, statutory, or other right to construct or operate in the public streets and public property including, but not limited to, consent previously granted by a municipality. Any such fair and reasonable franchise or consent fee which may be imposed upon a telecommunications company shall not exceed the annual sum as set forth in the following schedule based on population:
Tier I 1 1,000 $ 100.00
Tier II 1,001 3,000 $ 200.00
Tier III 3,001 5,000 $ 300.00
Tier IV 5,001 10,000 $ 500.00
Tier V 10,001 25,000 $ 750.00
Tier VI Over 25,000 $1,000.00
(B) A municipality may impose an administrative fee upon a telecommunications company which is not subject to subsection (A) in this section that constructs or installs or has previously constructed or installed facilities in the public streets and public property to provide telecommunications service. Any such fee which may be imposed on a telecommunications company shall not exceed the annual sum as set forth in the following schedule based on population:
Tier I 1 1,000 $ 100.00
Tier II 1,001 3,000 $ 200.00
Tier III 3,001 5,000 $ 300.00
Tier IV 5,001 10,000 $ 500.00
Tier V 10,001 25,000 $ 750.00
Tier VI Over 25,000 $1,000.00
(C) No municipality shall levy any tax, license, fee, or other assessment on, with respect to, or measured by the receipts from any telecommunications service, other than (a) the business license tax authorized by this article, and (b) franchise fees as defined and regulated under 47 U.S.C. Section 542; provided, however, that nothing herein shall restrict the right of any municipality to impose ad valorem taxes, service fees, sales taxes, or other taxes and fees lawfully imposed on other businesses within the municipalities.
(D) A telecommunications company, including a mobile telecommunications company providing mobile telecommunications services, shall not be deemed to be using public streets or public property unless it has constructed or installed physical facilities in public streets or on public property, provided that the use of public streets or public property under lease, site license, or other similar contractual arrangement between a municipality and a telecommunications company shall not constitute the use of public streets or public property under this article. Without limiting the generality of the foregoing, a telecommunications company shall not be deemed to be using public streets or public property under this article solely because of its use of airwaves within a municipality. Should any telecommunications company, including a telecommunications company providing mobile telecommunications services, request of a municipality permission to construct or install physical facilities in public streets or on public property, such request shall be considered by such municipality in a manner that is competitively neutral and nondiscriminatory as amongst all telecommunications companies.
Section 58-9-2240. A municipality may not use its authority over the public streets and public property as a basis for asserting or exercising regulatory control over telecommunications companies regarding matters within the jurisdiction of the Public Service Commission or the Federal Communications Commission including, but not limited to, the operations, systems, service quality, service territory, and prices of a telecommunications company. Nothing in this section shall be construed to limit the authority of a local governmental entity over a cable television company providing cable service as permitted by 47 U.S.C. Section 542.
Section 58-9-2250. A telecommunications company, its successors or assigns, that is occupying the public streets and public property of a municipality on the effective date of this article with the consent of the municipality to use such public streets and public property shall not be required to obtain additional consent to continue the occupation of those public streets and public property.
Section 58-9-2260. A telecommunications company may include the following statement in any municipal customer's bill when that customer's municipality charges a business license tax to the telecommunications company under this chapter: 'Please note that there may be a line-item charge included in this bill that is for a business license tax assessed by your municipality'."
SECTION 2. If a section, paragraph, provision, or portion of this article is held to be unconstitutional or invalid by a court of competent jurisdiction, this holding shall not affect the constitutionality or validity of the remaining portions of this article, and the General Assembly for this purpose hereby declares that the provisions of this article are severable from each other.
SECTION 3. No municipality may enforce an ordinance or practice which is inconsistent or in conflict with the provisions of this article; provided, however, that as of the time of the effective date of this article, any municipality which had entered into a franchise agreement or other contractual agreement with a telecommunications provider prior to December 31, 1997, may continue to collect fees under such franchise agreement or other contractual agreement through December 31, 2003, regardless of whether such franchise agreement or contractual agreement expires prior to December 31, 2003. Nothing in this article shall be interpreted to interfere with continuing obligations of any franchise or other contractual agreement in the event that such franchise agreement or other contractual agreement should expire after December 31, 2003. In the event that a municipality collects such fees under a franchise agreement or other contractual agreement herein, then such fees shall be in lieu of fees or taxes that might otherwise be authorized by this article. Provided, further, that any municipality that, as of the effective date of this article, has in effect a business license tax ordinance, adopted prior to December 31, 1997, under which the municipality has been imposing and a telecommunications company has been paying, a business license tax higher than that permitted under this article, may continue to collect such tax under the ordinance through December 31, 2003, instead of the business license tax permitted under this article.
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH spoke against the amendment.
The amendment was then adopted.
Rep. CATO explained the Bill.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. CATO demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Altman Askins Bailey Bales Barfield Barrett Battle Bauer Beck Breeland Brown G. Brown H. Brown J. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Davenport Easterday Edge Emory Gamble Gilham Govan Hamilton Harrell Harris Harrison Haskins Hawkins Hayes Hines J. Hines M. Hinson Howard Jennings Keegan Kelley Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Loftis Lourie Lucas Mack Maddox Martin Mason McCraw McGee McKay McLeod M. McMahand Meacham Miller Moody-Lawrence Neilson Ott Phillips Pinckney Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith D. Smith F. Smith J. Smith R. Stille Townsend Trotter Vaughn Walker Webb Whatley Whipper Wilkes Wilkins Woodrum Young-Brickell
Those who voted in the negative are:
Bowers Delleney Kirsh Lloyd McLeod W. Parks Rutherford Stuart Taylor Wilder
So, having received the necessary two-thirds vote, the Bill, as amended, was read the second time and ordered to third reading.
I was delayed in a meeting with Governor Hodges in his office and missed voting on H. 3276. Had I been present, I would have certainly voted in favor of it.
Rep. C. ALEX HARVIN III
Rep. BAILEY asked unanimous consent that H. 3276 be read a third time tomorrow.
Rep. KIRSH objected.
The following Joint Resolution was taken up, read the second time, and ordered to a third reading:
S. 448 (Word version) -- Senator Drummond: A JOINT RESOLUTION TO AMEND SECTION 72.37 J., PART IB, ACT 419 OF 1998, RELATING TO EXPENSE REIMBURSEMENTS FOR STATE EMPLOYEES USING A PERSONAL VEHICLE FOR OFFICIAL BUSINESS, SO AS TO REDUCE THE MILEAGE REIMBURSEMENT RATE FROM 32.5 CENTS TO 31 CENTS PER MILE IN ORDER TO CONFORM WITH A REDUCTION IN THE ALLOWABLE REIMBURSEMENT RATE PURSUANT TO FEDERAL REGULATION.
Rep. H. BROWN explained the Joint Resolution.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 3158 (Word version) -- Reps. Campsen, Knotts, R. Smith, Loftis, Barfield, Tripp, Altman, Wilder, Easterday, Edge, Harrison, Robinson, Wilkins, J. Brown, Miller, Hamilton, Barrett, Rice, Cato, J. Smith, Delleney, Gilham, Lourie, Rhoad, Bailey, Sharpe, Kirsh, Bales, Jennings, M. Hines, Neilson, Kennedy, Cobb-Hunter, Ott, Hayes, Gourdine, J. Hines, Inabinett, Breeland, Lee, Moody-Lawrence, F. Smith, McMahand, Mack, Maddox, Riser, Simrill, Sandifer and Leach: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING CHAPTER 32 SO AS TO ENACT THE "SOUTH CAROLINA RELIGIOUS FREEDOM ACT" UNDER WHICH THE STATE OF SOUTH CAROLINA AND ANY POLITICAL SUBDIVISION OF THE STATE IS PROHIBITED FROM BURDENING A PERSON'S CONSTITUTIONAL EXERCISE OF RELIGION EXCEPT UNDER CERTAIN CONDITIONS AND UNDER WHICH A PERSON WHOSE EXERCISE OF RELIGION HAS BEEN BURDENED IN VIOLATION OF THIS CHAPTER MAY ASSERT THAT VIOLATION AS A CLAIM OR DEFENSE IN A JUDICIAL PROCEEDING AND OBTAIN APPROPRIATE RELIEF AGAINST THE STATE OR ANY POLITICAL SUBDIVISION OF THE STATE.
H. 3379 (Word version) -- Reps. Wilkins, Cotty, Allen, Allison, Altman, Bailey, Bales, Barrett, Battle, Bauer, Beck, G. Brown, H. Brown, T. Brown, Campsen, Canty, Cave, Cobb-Hunter, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Harrell, Harrison, Harvin, Hayes, J. Hines, Inabinett, Klauber, Knotts, Lanford, Limehouse, Littlejohn, Lloyd, Lourie, Lucas, Mack, Martin, Mason, McCraw, McGee, McKay, M. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Ott, Phillips, Pinckney, Quinn, Rhoad, Rice, Rodgers, Sandifer, Sharpe, Simrill, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stuart, Taylor, Tripp, Trotter, Walker, Webb, Whipper, Wilkes, Woodrum, Govan and Riser: A BILL TO ENACT "THE MAGISTRATES COURT REFORM ACT OF 1999" INCLUDING PROVISIONS TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT OF MAGISTRATES, SO AS TO PROVIDE THAT, WITH EXCEPTIONS, MAGISTRATES APPOINTED AFTER JANUARY 1, 2000, MUST HAVE, AT THE TIME OF APPOINTMENT, A FOUR-YEAR BACCALAUREATE DEGREE; TO ADD SECTION 22-1-12 SO AS TO REQUIRE THAT A MAGISTRATE COMPLETE CERTAIN TRIAL OBSERVATIONS PRIOR TO TRYING CASES; TO AMEND SECTION 22-1-15, RELATING TO THE PERSONS PRESENTLY SERVING AS MAGISTRATES, SO AS TO REQUIRE THAT MAGISTRATES APPOINTED AFTER JANAURY 1, 2000, MUST HAVE RECEIVED A FOUR-YEAR BACCALAUREATE DEGREE AND MUST PRESENT CERTIFIED PROOF TO THE SOUTH CAROLINA COURT ADMINISTRATION AND TO PROVIDE THAT MAGISTRATES SERVING ON JANUARY 1, 2000, SHALL NOT BE REQUIRED TO MEET THE HIGHER EDUCATION REQUIREMENTS OF SECTION 22-1-10 DURING THEIR TENURE IN OFFICE; TO ADD SECTION 22-1-17 SO AS TO ESTABLISH A TWO-YEAR PROGRAM AVAILABLE TO MAGISTRATES WHO HAVE SUCCESSFULLY COMPLETED THE CERTIFICATION EXAMINATION; TO ADD SECTION 22-1-19 SO AS TO ESTABLISH AN ADVISORY COUNCIL TO MAKE RECOMMENDATIONS TO THE SUPREME COURT REGARDING THE ELIGIBILITY EXAMINATION, CERTIFICATION EXAMINATION, AND CONTINUING EDUCATION REQUIREMENTS FOR MAGISTRATES; TO AMEND SECTION 22-1-30, AS AMENDED, RELATING TO SUSPENSION OR REMOVAL OF MAGISTRATES, SO AS TO PROVIDE THAT A MAGISTRATE'S FAILURE TO COMPLY WITH RETIREMENT, TRAINING, OR EXAMINATION REQUIREMENTS MAY SUBJECT THE MAGISTRATE TO SUSPENSION OR REMOVAL BY ORDER OF THE SUPREME COURT; TO ADD SECTION 22-2-5 SO AS TO ESTABLISH AN ELIGIBILITY EXAMINATION THE RESULTS OF WHICH MUST BE USED BY THE SENATORIAL DELEGATION IN MAKING NOMINATION FOR MAGISTERIAL APPOINTMENTS; TO AMEND SECTION 22-2-200, RELATING TO ACCOMMODATIONS TAX REVENUE AS AFFECTING NUMBER OF MAGISTRATES, SO AS TO CONFORM THE PROVISION WITH APPOINTMENT OF ADDITIONAL MAGISTRATES DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; TO AMEND SECTION 22-3-10, AS AMENDED, RELATING TO THE CIVIL JURISDICTION OF MAGISTRATES, SO AS TO RAISE THE JURISDICTIONAL AMOUNT TO SEVEN THOUSAND FIVE HUNDRED DOLLARS; TO AMEND SECTION 22-8-40, RELATING TO FULL-TIME AND PART-TIME MAGISTRATES AND SALARIES, SO AS TO PROVIDE FOR A NEW SALARY SCHEDULE AND FOR ADDITIONAL MAGISTRATES TO BE APPOINTED DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; TO AMEND SECTION 8-21-1010, AS AMENDED, RELATING TO THE COLLECTION OF FEES AND COSTS BY MAGISTRATES, SO AS TO INCREASE CERTAIN FEES; TO AMEND SECTION 34-11-70, AS AMENDED, RELATING TO THE DISMISSAL OF FRAUDULENT CHECK CASES FOR CERTAIN REASONS, SO AS TO INCREASE THE ADMINISTRATIVE COSTS; TO AMEND SECTION 34-11-90, RELATING TO THE PUNISHMENT IN FRAUDULENT CHECK CASES, SO AS TO INCREASE THE COURT COSTS; AND TO REQUEST THE SUPREME COURT TO MAKE A REPORT TO THE CHAIRMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEES RECOMMENDING ADDITIONAL CHANGES IN THE MAGISTRATES' COURTS SYSTEM.
Rep. H. BROWN moved that the House do now adjourn, which was agreed to.
Columbia, S.C. March 18, 1999
Mr. Speaker and Members of the House:
The Senate respectfully informs you Honorable Body that it concurs in the amendments proposed by the House to S. 463:
S. 463 (Word version) -- Senators Martin and Passailaigue: A JOINT RESOLUTION TO PROVIDE THAT ALL CONTRACTOR LICENSES THAT EXPIRED DECEMBER 31, 1998, CONTINUE IN EFFECT UNTIL SEPTEMBER 1, 1999, AND TO PROVIDE WHAT STATUTORY REQUIREMENTS APPLY TO LICENSES RENEWED BETWEEN THOSE DATES.
And has ordered the Bill enrolled for Ratification.
Very respectfully,
President
The Senate returned to the House with concurrence the following:
H. 3773 (Word version) -- Rep. Cotty: A CONCURRENT RESOLUTION CONGRATULATING LONNIE B. NELSON ELEMENTARY SCHOOL OF RICHLAND COUNTY SCHOOL DISTRICT TWO FOR BEING SELECTED A "BLUE RIBBON SCHOOL" BY THE UNITED STATES DEPARTMENT OF EDUCATION.
H. 3774 (Word version) -- Reps. Pinckney and Inabinett: A CONCURRENT RESOLUTION TO HONOR AND EXTEND SINCERE BEST WISHES TO MR. WILLIAM SEABROOK, SR., ON THE OCCASION OF HIS NINTY-FIFTH BIRTHDAY ON MARCH 31, 1999.
At 11:15 A.M. the House in accordance with the motion of Rep. JENNINGS adjourned in memory of Thomas E. Quick of Bennettsville, to meet at 10:00 A.M. tomorrow.
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